United States v. Aguiar
United States Court of Appeals for the Second Circuit
975 F.2d 45 (2d Cir. 1992)
George Albino was arrested for possession of heroin and agreed to cooperate with law enforcement in the apprehension and prosecution of Andres Aguiar (Aguiar) (defendant) Aguiar had hired Albino to transport the heroin. Albino told law enforcement that Aguiar had hired him to get the heroin and delivery it to Aguiar. Albino agreed to testify against Aguiar at trial. After Aguiar’s arrest, however, Aguiar threatened Albino and his family’s safety if Albino continued cooperating with authorities. Albino complied with Aguiar’s threats and refused to testify at Aguiar’s trial. As a result, the prosecution sought to introduce Albino’s prior statements to law enforcement officials. The United States District Court for the Eastern District of New York (District Court) held a hearing on whether Aguiar procured Albino’s unavailability at trial. The District Court determined that he had. The District Court then admitted into evidence Albino’s prior statements over Aguiar’s hearsay objection. The jury convicted Aguiar. He appealed.
Rule of Law
Holding and Reasoning (Winter, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.